Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
Those on whom theft had been committed were first brought forward and
asked if they knew the thief. If they replied in the negative, they were
obliged to swear by the saints to the truth of their answer; if they
named an individual, and that it was the first charge against him, he
was permitted to clear himself by oath; but if there was a second charge
against him, his own oath was not sufficient, and he was obliged to
bring six compurgators to swear along with him. Should there be a third
charge, his only course was to clear himself by the ordeal. He was
forthwith to wash his hand in water, and to take in it a piece of
glowing-hot iron, which the beadles and executioners had always in
readiness on the left of the tribunal, and to carry it a distance of
nine feet. The Fehm-count, according to ancient custom, chose whom he
would to find the verdict. The council could dissolve the court whenever
they pleased. Such causes as had not come on, or were put off on account
of sickness, or any other just impediment, were, on such occasions,
noted and reserved for another session.
It is evident, however, that this municipal court, of which the chief
object was the punishment of theft, the grand offence of the middle
ages, though called a Fehm-court, was widely different from those of the
same name in Westphalia.
The Tribunal of the Knowing (_Gericht der Wissenden_), in Tyrol, has
also been erroneously supposed to be the same with the Westphalian
courts. The mode of procedure in this was for the accuser to lay his
finger on the head of the accused, and swear that he knew him to be an
infamous person, while six reputable people, laying their fingers on the
arm of the accuser, swore that they knew him to have sworn truly and
honestly. This was considered sufficient evidence against any person,
and the court proceeded to judgment on it.
Public-domain text, read in full here on John Shaqi.
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